Issue with long term employer

Yellow1

Hi everyone,

I'm having a bit of a problem in work lately that's stressing me out alot and I'm not sure where to go from here so I'm hoping someone on this can give me some advice/guidance. It's a bit long-winded so I hope I can explain it clearly (I haven't used real company names for obvious reasons):

I started working with my current employer over 10 years ago (Company A) which is a large multinational company in Dublin. About 5 years ago this Company did sort of a merger with another large company (Company and took over part of Company B's business (Company B1) as a joint venture. Company B1 therefore moved into our building. Around 3 years ago the department i worked in at the time was offshored to India and I was offered redundancy or redeployment. I went down the redeployment route as even though the money was tempting job security is much more important to me (I bought my apartment in the boom and my partner is in a minimum wage job). Anyway during the redeployment process I was offered a role in Company B which I felt I had no option but to take (bearing in mind I literally moved around the corner to another desk on the same floor). I didn't sign any new contract, I was still a permanent contract holder with Company A, I was just working in a role in Company B1 (which I thought was temporary).

Recently Company A and Company B have decided not to renew their contract with each other therefore Company B1 is now moving back to Company B. I was called into a meeting a few weeks ago and told that I am now considered part of Company B1 as I have worked there for over 18 months. They have told me that I will be moving back to Company B. I don't want to do this for a number of reasons (mainly that I don't consider Company B my employer, I never signed a contract to work with them, it was never my intention to work for them, I never went for an interview for that role etc..essentially it was not my choice to work in that role). Company B is also not able to provide me with any job security and i will more than likely be let go by this Company within the next 2 years as they are making huge cutbacks. Company A will also be making cutbacks in a few years but they have a redundancy package which will be a lifesaver for me if I am let go by them whereas Company B could give me nothing.

I appealed this with my employer Company A but they have told me that I have no grounds for appeal. Basically I feel like they are washing their hands of me which is extremely upsetting after working hard for them for over 10 years.

My question is, does Company A have the right to do this to me? This just feels ethically wrong to me but I don't know if I am right and I have a point or if I'm being a drama queen given the current economic situation and the amount of people that don't have a job to worry about.

Do you think I have the right to take this further or do I just have to go back with Company B when the split happens and take my chances?

I would appreciate any help..

Thanks

Mrs OBumble

I think you need proper legal advice here.

Do you belong to a union?

ABajaninCork

Sounds like you may have been TUPE'd over to the new co.

Very complicated. You'd better get hold of a solicitor...

daltonmd

employment appeals tribunal

Google it - prob with my mouse sorry can't link.

It may give you a starting point. Good luck

From the site

"Prior to considering making a complaint under either Employment Equality or Employment Rights legislation, you should first of all review the information available, relevant to your particular situation, under the Information tab above.

This will assist you in determining the correct section of legislation under which to make your complaint, as well as avoiding making an incorrect choice when completing and submitting the Workplace Relations Complaint Form v1.01 to the address thereon."

ghogie91

Union job that... Dont actually know how to answer that, wouldnt say something like this is common at all

Yellow1

Thanks for the replies. Yeah I'm a member of a union in the company but they haven't really been much help up to now when I queried it with them. I'm going to go back to them next week and raise the issue again. If not i'll look into employment appeals. thanks again

Mrs OBumble

When you say the union haven't been much help, is it that they haven't listened / understood, or that you haven't liked their answer.

If you think that the delegate / whoever you're talking too doesn't understand, try to push to talk to a more senior organiser (or whatever the union staff are called here) or even their lawyer.

As someone said, you may have been transferred without needing to sign anything at all.

Complex.

You need to know what you want to achieve - and realistically what the company might wear - is there a job for you back in Company A, at a realistic salary from their point of view.

Manach

Looking at the State's site on employment contracts - URL="http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/change_job_contract.html"]link[/URL - would it not be the case that as the OP did not "sign any new contract" then the section
" you or your employer cannot introduce change unilaterally. There must be agreement between the parties. Where such an agreement is reached, you must be given the details of change(s) in writing within 1 month of their coming into operation."
would apply?